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date of service upon the aggrieved party of such order of the Board a written petition praying that such order be modified or set aside or enforced, except that in the case of a petition for the enforcement of a Board order, the petitioner shall have a further period of sixty days after the Board order has become final within which to file the petition herein required. A copy of such petition by any petitioner other than the Attorney General shall be forthwith served upon the Attorney General and upon the Board, and a copy of any such petition filed by the Attorney General shall be forthwith served upon the person with respect to whom relief is sought and upon the Board. The Board shall thereupon file in the court the record of the proceedings before the Board with respect to the matter concerning which judicial review is sought, as provided in section 2112 of Title 28. In the case of a petition for enforcement, under subsection (a) of this section, the petitioner shall file with his petition a statement under oath setting forth in full the facts and circumstances upon which he relies to show the failure or refusal of the Attorney General to obey the order of the Board. Upon the filing of such petition the court shall have jurisdiction of the proceeding, which upon the filing of the record with it shall be exclusive, and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board. The findings of the Board as to the facts, if supported by reliable, substantial, and probative evidence, shall be conclusive. (d) Additional evidence; modification of, or new, find

ings by Board; recommendations; exclusiveness of court jurisdiction; finality of judgment; review by Supreme Court, If either party shall apply to the court for leave to adduce additional evidence and sh show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner, the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by reliable, substantial, and probative evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of Title 28.

(f) Time of finality of Board's order.
Any order of the Board shall become final-

(1) upon the date of entry thereof by the Board, if such order is not subject to judicial review; or

(2) upon the expiration of the time allowed for filing a petition for review or enforcement, if such order is subject to judicial review and no such petition has been duly filed within such time; or

(3) upon the expiration of the time allowed for filing a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States court of appeals, and no petition for certiorari has been duly filed; or

(4) upon the denial of a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States court of appeals; or

(5) upon the exiration of ten days from the date of issuance of the mandate of the Supreme Court, if such order is subject to judicial review and such Court directs that the order of the Board be affirmed or that the petition for review

or enforcement be dismissed. (g) Applicability of Administrative Procedure Act.

Nothing contained in this section shall be construed to deprive any person of any relief to which he may be entitled under the Administrative Procedure Act. (Sept. 23, 1950, ch. 1024, title II, § 111, 64 Stat. 1028; Aug. 28, 1958, Pub. L. 85–791, § 30(b), (c), 72 Stat. 950, 951.)

REFERENCES IN TEXT The Administrative Procedure Act, referred to in subsec. (g), is classified to sections 551 et seq. and 701 et seg. of Title 5, Government Organization and Employees.

AMENDMENTS 1958–Subsec. (c). Pub. L. 85–791, $ 30(b), in third sentence, eliminated “a duly certified transcript of" following "court", and "entire" preceding "record" and substituted “as provided in section 2112 of Title 28" for "including all evidence upon which the order complained of was entered, the findings and order of the Board", and which, in fifth sentence, substituted “Upon the filing of such petition” for “Thereupon", and inserted "which upon the filing of the record with it shall be exclusive".

Subsec. (d). Pub. L. 85–791, $ 30(C), substituted "record” for “transcript” at the end of the first sentence.

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

CROSS REFERENCES Supreme Court, time for appeal or certiorari, see section 2101 of Title 28, Judiciary and Judicial Procedure.

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(e) Commencement of review proceeding as stay of

Board's order. The commencement of proceedings by the Attorney General for judicial review under subsection (b) of this section shall, if he so requests, operate as a stay of the Board's order.

$ 822. Resisting, disregarding or evading apprehen

sion; escape or attempt to escape; conspiracy; penalty. Whoever, being named in a warrant for apprehension or order of detention as one as to whom there is reasonable ground to believe that he probably will engage in, or conspire with others to engage in, espionage or sabotage, or being under confinement or detention pursuant to this subchapter, shall resist or knowingly disregard or evade apprehension pursuant to this subchapter or shall escape, attempt to escape or conspire with others to escape from confinement or detention ordered and instituted pursuant to this subchapter, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(Sept. 23, 1950, ch. 1024, title II, § 112, 64 Stat. 1029.)

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

CROSS REFERENCES Federal retirement benefits, forfeiture upon conviction of offense described under these sections, see section 8312 of Title 5, Government Organization and Employees.

Felony, definition of, see section 1 of Title 18, Crimes and Criminal Procedure.

Forfeiture of veterans' benefits upon conviction under these sections, see section 3505 of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 8312; and title 42 section 402.

or any of its agents or agencies in the performance of duties pursuant to this chapter, sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, sections 793 and 1507 of Title 18, and sections 611 (c) (5) and 618 (e) of Title 22 shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. (Sept. 23, 1950, ch. 1024, title II, $ 114, 64 Stat. 1030.)

REFERENCES IN TEXT Sections 137 to 137-8, 156, 456, 457 (b). 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, referred to in the text, were repealed by Act June 27, 1952, ch. 477, title IV, $ 403 (a) (13) (16) (39) (42), 66 Stat. 279, 280, and are now covered by subchapters II and III of chapter 12 of Title 8, Aliens and Nationality.

Section 611(C) (5) of Title 22, referred to in first par. was repealed Aug. 1, 1956, c. 849, § 1, 70 Stat. 899.

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

CROSS REFERENCES Misdemeanor, definition of, see section 1 of Title 18, Crimes and Criminal Procedure.

& 825. Definitions.

For the purposes of this subchapter, the term "espionage” means any violation of sections 792 to 797 of Title 18, and the term "sabotage" means any violation of sections 2151 to 2156 of Title 18. (Sept. 23, 1950, ch. 1024, title II, $ 115, 64 Stat. 1030.)

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

$ 823. Aiding evasion of apprehension, or escape; con

cealment; conspiracy; penalty. Whoever knowingly

(a) advises, aids, assists, or procures the resistance, disregard, or evasion of apprehension pursuant to this subchapter by any person named in a warrant or order of detention as one as to whom there is reasonable ground to believe that such person probably will engage in, or conspire with others to engage in espionage or sabotage; or

(b) advises, aids, assists, or procures the escape from confinement or detention pursuant to this subchapter of any person so named; or

(c) aids, relieves, transports, harbors, conceals, shelters, protects, or otherwise assists any person so named for the purpose of the evasion of such apprehension by such person or the escape of such person from such confinement or detention; or

(d) attempts to commit or conspires with any other person to commit any act punishable under subsections (a), (b), or (c) of this section, shall be fined not more than $10,000, or imprisoned not more than ten years, or both. (Sept. 23, 1950, ch. 1024, title II, § 113, 64 Stat. 1030.)

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

$ 826. Preservation of privilege of habeas corpus.

Nothing contained in this subchapter shall be construed to suspend or to authorize the suspension of the privilege of the writ of habeas corpus. (Sept. 23, 1950, ch. 1024, title II, § 116, 64 Stat. 1030.)

CODIFICATION Section constitutes the second sentence only of sec. tion 116 of act Sept. 23, 1950. The first sentence of section 116, relating to separability of provisions of this subchapter, is set out as a note under section 811 of this title.

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Com. munist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

CROSS REFERENCES

Habeas corpus generally, see chapter 153 of Title 28, Judiciary and Judicial Procedure.

Suspension of privilege of writ of habeas corpus, see Const., Art. 1, $ 9, cl. 2.

CROSS REFERENCES Federal retirement benefits, forfeiture upon conviction of offense described hereunder, see section 8312 of Title 5, Government Organization and Employees.

Felony, definition of, see section 1 of Title 18, Crimes and Criminal Procedure.

Forfeiture of veterans' benefits upon conviction under this section, see section 3505 of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 8312; and title 42 section 402.

SUBCHAPTER III.-PERSONNEL SECURITY

PROCEDURES IN NATIONAL SECURITY

AGENCY & 831. Regulations for employment security.

Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this subchapter referred to as the “Secretary") shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure

$ 824. Resistance of, or interference with, Board mem

bers or agents; penalty. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board

(1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the "Agency"), or continue to be so employed, detailed, or assigned; and

(2) that no person so employed, detailed, or assigned shall have access to any classified

information; unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security. (Sept. 23, 1950, ch. 1024, title III, $ 301, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 168.)

8832. Full field investigation and appraisal. (a) Conditional employment; other current security

clearance; circumstances authorizing employment

on temporary basis. No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified information in accordance with the provisions of this subchapter; excepting that conditional employment without access to sensitive cryptologic information or material may be tendered any applicant, under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or detailed to the Agency who have a current security clearance for access to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security. (b) Boards of appraisal; establishment; membership;

appointment; appraisal in doubtful cases; report and recommendation; qualifications of members; Secretary's clearance contrary to board's recom

mendation. To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on each such a case.

However, appraisal by such a board is not required before action may be taken under section 863 of Title 5, section 22–1 of Title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest. (Sept. 23, 1950, ch. 1024, title III, § 302, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 168.)

REFERENCES IN TEXT Section 863 of Title 5 and section 22-1 of Title 5, referred to in subsec. (b), are now covered by sections 3315, 3571, 5594, 7312, 7501, 7512, 7532, and 7701 of Title 5, Government Organization and Employees. 8 833. Termination of employment. (a) Generally; finality.

Notwithstanding section 863 of Title 5, section 22–1 of Title 5, or any other provision of law, the Secretary may terminate the employment of any officer or employee of the Agency whenever he considers that action to be in the interest of the United States, and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of that officer or employee cannot be invoked consistently with the national security. Such a determination is final. (b) Employment in other departn nts or agencies.

Termination of employment under this section shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the United States Civil Service Commission. (c) Delegation of authority; limitation.

Notwithstanding section 133(d) of Title 10 any authority vested in the Secretary of Defense by subsection (a) may be delegated only to the Deputy Secretary of Defense or the Director of the National Security Agency, or both. (Sept. 23, 1950, ch. 1024, title III, § 303, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 169.)

REFERENCES IN TEXT Section 863 of Title 5 and section 22-1 of Title 5, referred to in subsec. (a), are now covered by sections 3315, 3571, 5594, 7312, 7501, 7512, 7532, and 7701 of Title 5, Government Organization and Employees.

§ 834. Definition of “classified information".

For the purposes of this section, the term "classified information" means information which, for reasons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution. (Sept. 23, 1950, ch. 1024, title III, § 304, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 170.)

8 835. Nonapplicability of Administrative Procedure

Act. The Administrative Procedure Act, as amended, shall not apply to the use or exercise of any authority granted by this subchapter. (Sept. 23, 1950, ch. 1024, title III, $ 305, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 170.)

REFERENCES IN TEXT The Administrative Procedure Act, as amended, referred to in the text, is classified to sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

be outlawed. (Aug. 24, 1954, ch. 886, § 2, 68 Stat. 775.)

SHORT TITLE Congress, in enacting act Aug. 24, 1954, which enacted this subchapter, enacted sections 782 (4A), 784 (a) (1) (E), 791 (e) (3), and 792a of this title, enacted provisions set out as a note under this section, amended sections 782 (5), 784 (a) (1) (D), 789 (opening par.) 790 (a) (b), 791 (e) (2), 792 (catchline), and 793 (a) (b) of this title, and repealed sections 784 (c) and 785 (c) of this title, provided by section 1 of that act that those enactments, amendments and repeals should be popularly known as the "Communist Control Act of 1954".

SEPARABILITY OF PROVISIONS Section 12 of act Aug. 24, 1954, provided: "If any provision of this title (Act] or the application thereof to any person or circumstances is held invalid, the remainder of the title (Act) and the application of such provisions to other persons or circumstances, shall not be affected thereby."

The use of the word "Act", in place of the word "title" as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles. For distribution of that act in this Code, see Short Title note above.

SUBCHAPTER IV.–COMMUNIST CONTROL

CODIFICATION This subchapter was enacted as a part of the Communist Control Act of 1954, and not as a part of the Internal Security Act of 1950, which comprises this chapter and other provisions. See note under section 781 of this title.

& 841. Findings and declarations of fact.

The Congress finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should

8 842. Proscription of Communist Party, its succes.

sors, and subsidiary organizations. The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated: Provided, however, That nothing in this section shall be construed as amending the Internal Security Act of 1950, as amended. (Aug. 24, 1954, ch. 886, § 3, 68 Stat. 776.)

REFERENCES IN TEXT The Internal Security Act of 1950, as amended, referred to in the text, is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified to subchapters I and I of this chapter, and to other titles of this Code. For detailed distribution of that act in this Code, see note under section 781 of this title.

§ 843. Application of Internal Security Act of 1950 to

members of Communist Party and other subversive organizations; definition. (a) Whoever knowingly and willfully becomes or remains a member of (1) the Communist Party, or (2) any other organization having for one of its purposes or objectives the establishment, control, conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provisions and penalties of the Internal Security Act of 1950, as amended, as a member of a "Communist-action" organization.

(b) For the purposes of this section, the term "Communist Party" means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof. (Aug. 24, 1954, ch. 886, § 4, 68 Stat. 776.)

REFERENCES IN TEXT The Internal Security Act of 1950, as amended, referred to in subsec. (a) is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified to subchapters I and II of this chapter, and to other titles of this Code. For detalled distribution of that act in this Code, see note under section 781 of this title.

(13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;

(14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on

membership and participation as herein stated. (Aug. 24, 1954, ch. 886, § 5, 68 Stat. 777.)

REFERENCES IN TEXT "This Act", as used in the text of opening paragraph, refers to the Communist Control Act of 1954, act Aug. 24, 1954. For distribution of that act in this Code, see Short Title note under section 841 of this title.

SUBCHAPTER V.-REGISTRATION OF CERTAIN

PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS

CODIFICATION This subchapter was not enacted as a part of the Internal Security Act of 1950, which comprises this chapter.

$ 844. Same; determination by jury of membership,

participation, or knowledge of purpose. In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person:

(1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization;

(2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form;

(3) Has made himself subject to the discipline of the organization in any form whatsoever;

(4) Has executed orders, plans, or directives of any kind of the organization;

(5) Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization;

(6) Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization;

(7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization;

(8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization;

(9) Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization;

(10) Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization;

(11) Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization;

(12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization;

§ 851. Registration of certain persons; filing state

ment; regulations. Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes. (Aug. 1, 1956, ch. 849, § 2, 70 Stat. 899.)

SEPARABILITY OF PROVISIONS Section 9 of act Aug. 1, 1956, provided: "If any provision of this Act (this subchapter) or the application thereof to any person or circumstances is held invalid, the remainder of the Act (this subchapter), and the application of such provisions to other persons or circumstances, is not affected thereby."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 852 of this title.

$ 852. Exemption from registration.

The registration requirements of section 851 of this title do not apply to any person

(a) who has obtained knowledge of or received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or employment with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone;

(b) who has obtained such knowledge solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party;

(c) who has made full disclosure of such knowledge, instruction, or assignment to oficials within

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